| Case ID |
1f27544f-5a10-47ec-b529-022e58648579 |
| Body |
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| Case Number |
Civil Petition No. 5469 of 2021 |
| Decision Date |
Aug 11, 2022 |
| Hearing Date |
Aug 11, 2022 |
| Decision |
The Supreme Court remanded the matter back to PEMRA to consider the change of management application filed by Southern Networks Limited strictly in accordance with law. The Court found that both parties had committed errors and lapses in their respective duties under the PEMRA Ordinance and Rules. The High Court's previous ruling overlooked critical statutory conditions, thus failing to provide a lawful basis for the revocation of the respondent's license. The decision emphasized the importance of adhering to statutory provisions when processing applications for management changes in licensed entities. |
| Summary |
This case revolves around the revocation of a Multi-Channel Multi-Point Distribution Service (MMDS) license by the Pakistan Electronic Media Regulatory Authority (PEMRA) due to an unlawful change in management by Southern Networks Limited. The Supreme Court of Pakistan scrutinized the actions of both PEMRA and the respondent, highlighting the requirement for prior permission for management changes as stipulated in the PEMRA Ordinance, 2002. The case underscores the significance of compliance with regulatory frameworks in the media sector, particularly concerning licensing and management transitions. The Court's ruling called for a thorough reconsideration of the application for management change, stressing that PEMRA must act in accordance with established legal protocols. The resolution of this case is pivotal for ensuring lawful governance within the media regulatory landscape, thereby impacting similar future cases involving licensed media entities. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
Pakistan Electronic Media Regulatory Authority,
Southern Networks Limited
|
| Judges |
Umar Ata Bandial, C.J.,
Muhammad Ali Mazhar,
Ayesha A. Malik, JJ
|
| Lawyers |
Barrister Haris Azmat, Advocate Supreme Court,
Tahir Farooq Tarar, Head Legal PEMRA,
Mohsin Ahmed Dogar, Dir (Regulations),
Wakeel Khan, DG (Licensing),
Salahuddin Ahmed, Advocate Supreme Court
|
| Petitioners |
PAKISTAN ELECTRONIC MEDIA REGULATORY AUTHORITY (PEMRA) through Chairman, Islamabad and others
|
| Respondents |
SOUTHERN NETWORKS LIMITED, KARACHI
|
| Citations |
2023 SCMR 1348,
2023 SLD 1440
|
| Other Citations |
Not available
|
| Laws Involved |
Pakistan Electronic Media Regulatory Authority Ordinance, 2002,
Pakistan Electronic Media Regulatory Authority Rules, 2009
|
| Sections |
25,
30(1)(d),
7(e),
9(5),
13(3),
16(2)
|